BETHLEHEM STEEL v. BD OF EDUC


91 Misc.2d 258 (1977)

Bethlehem Steel Corporation, Petitioner, v. Board of Education of the City School District of Lackawanna et al., Respondents.

Supreme Court, Erie County.

August 18, 1977


Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (David K. Floyd of counsel), for petitioner. Peter A. Vinolus and John J. Olszewski for respondents.


FREDERICK M. MARSHALL, J.

Petitioner, a taxpayer in the City of Lackawanna, challenges the budget adopted by the respondents for the fiscal year commencing July 1, 1977. It seeks a judgment declaring that certain appropriations within that budget be excised on the ground that these items were fixed in excess of the constitutional tax ceiling.

The respondents rely on certain legislation enacted by the...

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